Applicability of Forensic Sciences in the Indian courts

Forensic Science

The construct of rhetorical science is not a replacement one. In ancient Asian nation, medical opinion was oftentimes applied to the requirements of the Law, Sir William Herschel was one among the primary to advocate the utilization of procedure within the identification of criminal suspects. Fingerprint proof was initial accepted in associate Argentine Court within the 1990s and in associate English Court in the year 1902.

Forensic proof could be a discipline that functions at intervals the parameters of the system. Its purpose is to provide steerage to those conducting criminal investigation and to provide courts the information upon which they will believe in breakdown criminal and civil disputes.

Forensic science, associate uniting of just about all colleges of data, is a vital and economical enabler in the dispensation of justice in criminal, civil, restrictive and social contexts. It is s outlined because the application of science in responsive queries that area unit of legal interest. Rhetorical science in today’s world is an advanced scientific technique that is employed in criminal and civil investigations, it is capable of responsive necessary queries associated and forms an integrated part of criminal justice system.

It includes all acknowledge techniques like fingerprint analysis, polymer analysis, ballistic, firearms or explosive culture etc. It helps to convict those guilty of crime additionally as will acquit the innocent.

Role of Forensic Science in Investigation of Crime

Forensic Science is one in all the necessary aspects of criminal justice. Basically, it deals with scientific examination of physical clues collected form the crime scene. Rhetorical examination of physical clues collected the identity (what) of the crime committed. The circumstances speaks out concerning the time (when) of the incident. The rhetoricalproof proves the situation of the offence (where/ crime scene). The rhetorical investigation finds out the procedure (how) of the offender. Lastly, establishes the motive behind the crime. The rhetorical investigators determine of the offender and therefore the victim.

During associate investigation, proof is collected at against the crime scene or from someone, analysed in a very crime laboratory and so the results conferred in court. Every crime is exclusive, and every case presents its own challenges. Forensic science plays an important role with the criminal judicial system by providing scientifically primarily based data through the analysis of physical proof, the identity, blood drops or hair. It links the criminal with the crime through objects left by him at the scene and with the victim or carried from the scene and therefore the victim. On the opposite hand, if the clues recovered do not link the defendant with the victim or the scene of prevalence, the innocence of the defendant is established, Forensic science, thus additionally saves the innocent. Once the emergence of deoxyribonucleic acid technology as a contemporary technique of Forensic Science, it proves that alter him to seek out criminal strictly from proof that he has left at the scene of crime.

Restrictive use of Forensic Evidence in Indian Legal Scenario

The most necessary operate of scientific investigation is to convert suspicion certainty of either guilt or innocence. However, until recently, the courts had to swear heavily on the non-scientific evidences thanks to the non-availability of correct technologies. The studies of 2011 clearly shows that solely in47 cases in the Hon’ble Supreme Court and completely different High Courts, polymer has played a crucial role. Out of those, 23.4% choices got by Urban Centre Tribunal all alone.

Furthermore, polymer proof had been utilized in just 47% Murder cases and a pair of 3% Rape and Murder. In yet one more study of Rape cases over the last decade, the author has indicated that there has been associate degree exaggerated reliance by Indian Courts on Forensic Proof and polymer over the years, even though the figures area unit atrociously low and conjunctive efforts area unit required to incorporate scientific evidence altogether criminal matters, wherever applicable.

The area of Forensic Science in India has, yet, not been amalgamated, many other time, neither choose, nor the professional person or the intensive, promising potentialities of the science and also the fusion of latest technologies, methodologies, modalities and research. Multitask associate degreed multi-professional nature of Forensic Science desires an inter-professional approach, which is many another time lacking.

The Committee on Reforms of Criminal Justice System additionally indicated that the current level of application of Forensic Science in crime investigation is somewhat low within 5-6% of the registered crime cases being spoken the FSLs and Finger Print Bureau place together. There’s pressing got to motivate quantum improvement within the scenario, more so, when the conviction rate is systematically falling over the years within the country and also the Forensic Evidence, being clinching in nature, will reverse the trend to some extent.

The reasons of reluctance of courts to use forensic proof in criminal investigation square various misdirection of physical proof, together with improper assortment, preservation, non-collection of clue proof, non-maintenances of chain of custody, in addition as delayed dispatch of physical proof for scientific analysis has been repeatedly commented upon by the courts. Not sending Associate in nursing suspect for Medico- Legal Examination, non-lifting for fingerprints by the Investigation Officer or when bloodstained moral object had been sent for chemical examination while not covering identical by a wrapper now once seizure of identical then it’s obvious that court would reject the report.

Conclusion

In the Indian scenario, there has been exaggerated stress on the employment of such technologies in criminal investigation and trials. The Commissions appointed on reforms of criminal justice have reiterated that the infusion of technology in the crime detection will facilitate the system to perform efficiently.The relevant laws are amended from time to time to form manner to be used to forensic technologies in crime investigation and trial. Yet, it should be aforementioned that there square measure existent flaws with the laws which require to be addressed.The courts are reluctant to accept scientific evidence thanks to their restrictive approach, or bound inherent defects within the proof as created in courts that deter them from looking forward to it entirely.The main motto of criminal justice system is to supply honest justice. Doubtless, rhetorical proof is additional authentic than ocular proof. Forensic science being scientific proof could be a boon for criminal justice system. We have to overcome the present flaws to discovery.

By: Navin Kumar Jaggi & Gurmeet Singh Jaggi

 

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